Coptrz Terms of Business
These Terms and Conditions will apply to the purchase of the goods detailed in our quotation and acknowledgement (Goods) by the Customer, from Coptrz Ltd, a company registered in England and Wales under number 10048724 whose registered office is at Phoenix House, 3 South Parade, Leeds, LS1 5QX.
1.0 Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.2 Contract means the legally binding agreement between the customer and Coptrz for the purchase and sale of Goods.
1.3 “We/Us/Our/Supplier/Seller” means Coptrz, a company registered in England under Coptrz Ltd, whose trading address and registered address is Phoenix House, 3 South Parade, Leeds, LS1 5QX and whose main trading address is Phoenix House, 3 South Parade, Leeds, LS1 5Q
1.4 You/Your means the Customer
1.5 Goods means products and services sold by Coptrz.
1.6 Order means the goods specified by you in a purchase order, via an online transaction, or through direct communication, and acknowledged by us. Coptrz will be under no liability under any order placed by the Customer (whether in response to a quotation from Coptrz or otherwise) unless and until Coptrz issues an order acknowledgement or invoice to the Customer.
1.7 Website means our website www.coptrz.com on which the goods are advertised or any linked sites.
1.8 Business Day means any day other than a Saturday, Sunday or a Bank Holiday in England and Wales.
1.9 Coptrz is entitled to assume that anyone with apparent authority is indeed authorized to bind the Customer.
1.10 All orders are accepted, and all Products are supplied, subject to these Terms.
1.11 It is agreed that these Terms prevail over the Customer’s terms and conditions of purchase.
1.12 No amendment to these Terms will be valid unless expressly confirmed in writing by
Coptrz authorised representative.
1.13 No order, once accepted by Coptrz, may be cancelled or varied except with Coptrz prior written consent.
1.15 These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.16 The Contract contains the entire agreement between the parties in relation to its subject matter and supersedes any prior agreement relating to the whether written or oral.
1.17 The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
1.18 Words imparting the singular number include the plural and vice-versa.
2.0 Goods Or Services
2.1 The description of the Goods or service is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
2.2 We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
3.0 Price
3.1 Catalogues, price lists and other advertising literature or material are intended as an indication of price and range of goods and no prices, descriptions or other particulars contained therein shall be binding on Coptrz. However, any specifications in any order accepted by Coptrz shall form part of the Contract.
3.2 All prices given by Coptrz at the time of order are on an ex-works basis (from Coptrz premises or the manufacturer’s premises where Products are to be shipped direct) and the Customer is liable to pay for transport, packing and insurance unless stated otherwise in writing.
3.3 The price of the Goods is set out in our quotation is current at the date of your order or such other price as we may agree in writing.
3.4 If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
3.5 Any increase in the Price under the clause above will only take place after we have informed you about it.
3.6 You may be entitled to discounts. Any eligible discount must be disclosed prior to order. Discounts, vouchers / codes or any other form of discount will not be eligible once an order has been placed. Vouchers and discounts codes are not to be used in conjunction with any other offer. Attempted use with another offer will make them invalid.
3.7 All prices are exclusive of Value Added Tax and any similar taxes. All such taxes are payable by the Customer and will be applied in accordance with UK legislation in force at the tax point date.
4.0 Cancellation And Alteration
4.1 We may change the details of the Goods as described in the clause above (Goods) and shown in our sales documents at any time without warning and they do not constitute a binding offer to sell the Goods that can be accepted.
4.3 Either the seller or the customer may cancel the order for any reason.
5.0 Payment
5.1 We will invoice you for the Price either before shipment of the order if agreed terms are proforma; or
- On or at any time after delivery of the Goods; or
- Where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection, or we have tried to deliver them; or
- Enrolment of course; or
- Access granted to digital service and content.
5.2 Ownership of the Products shall only pass to the Customer when all prices, taxes and charges due in respect of the Products and any other Products previously supplied to the Customer have been paid.
5.3 Until ownership of the Products passes to the Customer, the Customer shall:
- hold the Products on Coptrz behalf.
- maintain them in satisfactory condition.
- store them separately from all other goods in its possession and marked in such a way that they are clearly identified as Coptrz property.
- insure them against “all risks” to their full price; and
- not be entitled to re-sell or use the Products in the ordinary course of its business.
5.4 Until such time as the property in the Products passes to the Customer (and provided the Products are still in existence and have not been resold) Coptrz shall be entitled at any time to require the Customer to deliver up the Products to Coptrz and, if the Customer fails to do so forthwith, the Customer hereby agrees that Coptrz may enter upon any premises of the Customer or any Third Party where the Products are stored and repossess the Products.
5.5 Our standard terms are proforma payment unless agreed in writing.
5.6 All payments must be made in British Pounds unless otherwise agreed in writing between us and stated on the purchase order and invoice.
5.7 Payment is due as per the dated invoice. Any handover days or training days scheduled, or any delays caused by you, do not affect the due date of the payment. The payment date is the date of when we first deliver goods or services.
5.8 Applications for credit terms will be considered.
5.9 A Credit Request Form must be completed by established private limited companies prior to the agreement of any order; and
- After 3 successful proforma payments
- By applying for a credit account, you are agreeing to a standard credit check to evaluate risk and your credit limit will be determined based on this check. By doing so, you are consenting to Coptrz contacting provided trade references to validate your credit worthiness.
5.10 Coptrz hold the right to deny entering into a credit agreement with the customer and is under no obligation to disclose the reasoning for this rejection.
5.11 Coptrz may cancel or withdraw a credit agreement at any time should the customer not comply with the terms of the agreement.
5.12 Time for payment will be of the essence of the Contract between us and you.
5.13 If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 8% plus the bank of England base rate in line with the Late payments of commercial debts (Interest) Act 1998
5.14 We accept the following methods of payment:
- Debit and Credit Cards (excluding American Express)
- Bank Transfer
- Finance – subject to terms and conditions.
- Paypal payment
- Direct Debit
5.15 Coptrz reserve the right to charge a 2.5% surcharge to any transactions made by Corporate Debit or credit card or PayPal to cover costs of payment processing and admin fees.
5.16 If payment is made from a bank account outside of the UK, all processing charges and exchange fees will be the responsibility of the customer.
5.17 Coptrz is an authorised introducer of finance and registered with the FCA. All liability of debt is through the retrospective loan provider and all queries should be resolved with the provider.
5.18 Payment is classed as completed when funds are cleared. If a cancelation of the direct debit agreement is made by the customer, they acknowledge the withdrawal of access to any digital products, content or subscriptions immediately.
5.19 If payment arranged through third party financing for the enrolment of online courses and access to digital services and content, the customer must complete the online course within 3 calendar months of purchase. By not completing the course within 3 calendar months, the customer acknowledges that they forfeit the right to a refund, or upon the dissolvement of Coptrz the third-party finance company will be under no obligation to source an alternative course or qualification.
6.0 Delivery
6.1 We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
6.2 Any time quoted for delivery is to be treated as an estimate only and the time for delivery shall not be of the essence of the Contract. Delivery may be postponed because of conditions beyond Coptrz reasonable control.
6.3 If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
6.4 Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 6 pm. Door to Door and Saturday delivery can be arranged at additional cost.
6.5 If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
- store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
- make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
- after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
6.6 If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
6.7 If any deliveries are missed and additional costs are incurred, we reserve the right to invoice you for the additional costs.
6.8 Any request by the Customer to reschedule any delivery will only be considered by Coptrz if made at least 24 hours before the despatch of the Products is due and shall be subject to acceptance by Coptrz at Coptrz sole discretion, and subject to a reasonable administration charge therefore by Coptrz. The Customer hereby agrees to indemnify Coptrz against all loss, costs (including the costs of labour and materials used and overheads incurred), damages, charges and expenses arising out of the re-scheduling of the order.
6.9 We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.10 Divisibility Clause: We may deliver the Goods by instalments, unless otherwise agreed, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.
6.11 If Goods are being ordered from outside the United Kingdom import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges, and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that the United Kingdom consumer protection laws may not apply.
6.12 For all orders for delivery outside of mainland UK, Northern Ireland, the Channel Islands and the Isle of Man you acknowledge and agree Coptrz will arrange an appropriate courier based on the contents of the shipment or alternatively you can arrange for a courier to collect/collect the goods yourself from our premises. If you wish for Coptrz to arrange the delivery on your behalf you will enter into a direct contract with the courier partner in respect of the delivery of the goods under their standard terms and not with the seller, and you will be liable to the courier partner to pay the Delivery Rate. The seller will (unless you instruct us otherwise) collect payment of the Delivery Rate from you, and as your agent pay such amount to the courier partner. Any liability in connection with such delivery shall be between the courier partner and you and shall not involve the seller. Insurance against loss or damage isn’t provided. The customer should arrange their own insurance against loss or damage. If you elect to arrange for someone else to deliver the goods to you or will collect the goods from the seller’s premises in the UK, you should make the appropriate election and contact the seller to make arrangements for the goods to be made available for collection. No collection of the Delivery Rate will be made by the seller in these circumstances. Any and all import charges relevant to the shipment are payable by the customer and will not be covered in full or in part by the seller. If the seller is unable to arrange delivery to the location required for any reason the customer will be responsible for arranging collection of the goods.
7.0 Inspection And Acceptance Of Goods
7.1 You must inspect the Goods on delivery or collection.
7.2 If you identify any damages or shortages, you must inform us in writing within 3 days of the delivery date, providing details. Failure by the Customer to notify Coptrz within such period of any damage or defect shall be deemed to be a waiver of the Customer’s rights against Coptrz in respect of the Products. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 3 days after delivery.
7.3 Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection. Any faults must be reported before the Product is used. If you attempt to use the Product, then your Product will not be classed as faulty and as such no refunds or returns will be accepted. We will not accept the return of activated drones, items with broken seals and goods where the package is not as new.
7.4 Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
7.5 We will be under no liability or further obligation in relation to the Goods if:
- you fail to provide notice as set above; and/or
- you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
- the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
- the defect arises from normal wear and tear of the Goods; and/or
- the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
7.6 You bear the risk and cost of returning the Goods.
8.0 Returns And Refunds
8.1 Non-Consumer Refunds (whether full or partial) will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund. If we agree a refund by exception there will be a restocking fee of 20% of the value of the item.
8.2 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9.0 Course Bookings and Flight Assessments
9.1 Bookings may be made by email, via the Coptrz.com website or by phone. Telephone bookings must be confirmed in writing upon request. Please quote purchase order numbers where applicable.
9.2 Unless agreed otherwise prior to ordering, payment for courses and flight tests is due to be made prior to booking a slot.
9.3 In the circumstance that you fail your flight test or theory exam and need to rebook there will be a fee payable by the customer for re-examination, subject to location and costs incurred by us.
9.4 Should circumstances mean that you have to cancel your flight assessment within two weeks of the test date there will be a fee payable for a re-test subject to location and costs incurred by us.
9.5 Should circumstances mean that you need to transfer to another COPTRZ course, the following charges will apply, dependent on notice given:
- First transfer made more than four weeks prior to the course start date carries no additional charge.
- Two to four weeks’ notice given, 25% of the course fee will be retained.
- Less than two weeks’ notice given, 50% of the course fee retained. All transfers must be taken within a period of six months from the original date.
9.6 Should circumstances mean that you have to cancel your online course and you have accessed the online content/commenced the course the full course fee will be retained.
9.7 There is a £50 charge if a substitute person wishes to replace an existing delegate. Please inform us as soon as possible before the course start date.
9.8 If you have accessed, but not yet completed any modules on an online course and wish to transfer courses, there will be a fee of £50 payable to Coptrz by the customer.
9.9 Should circumstances mean that you must cancel your course and are unable to transfer your booking to another date at the time of cancellation, the following charges will apply:
- More than four weeks prior to the start date of the course, 25% of the course fee retained by us.
- Two to four weeks prior to the start date of the course, 50% of the course fee retained by us.
- Less than two weeks prior to the start date of the course, full fee retained.
- If you fail to attend a course, and you have not previously informed us, the full course fee remains non-transferrable and non-refundable.
9.10 Cancellation must be made in writing and received by Coptrz before the course date.
9.11 In the circumstance you arrive late for a course or are absent from any session, we reserve the right to refuse to accept you for ongoing training if we feel you will gain insufficient knowledge or skill in the time remaining. In all such cases, the full course fee remains payable.
9.12 If you arrive late to your online exam, miss your online exam slot, have not completed the necessary checks or the exam is stopped by the proctor due to suspicious behaviour then the full course fee remains payable, and you will be charged for an exam resit.
9.13 On occasion, unforeseen circumstances may require us to postpone a course. In such circumstances, you will be given as much notice as possible and a free transfer to another course date.
10.0 Cancelling and Returning Goods if You Change Your Mind
10.1 Consumer
10.1.1 If you are a Consumer (i.e., a person who is buying a Product for their own personal use and not for Commercial Operations) in the UK and European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your invoice or order acknowledgement, i.e., when the Contract between you and Us is formed. Coptrz reserve the right to offer a credit note if you have changed your mind and the goods are not faulty.
10.1.2 If you are a Consumer and the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
10.1.3 If you are a Consumer and the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
10.1.4 If you are a Consumer and your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods.
10.1.5 If you are a Consumer and you wish to exercise your right to cancel under this Clause 10, you must inform us of your decision within the cooling off period. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the following details:
- Telephone: 0330 111 7177
- Email: services@coptrz.com
- Post: 1st Floor, Phoenix House, 3 South Parade, Leeds, LS1 5QX
10.1.6 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however, please note that you are under no obligation to provide any details if you do not wish to.
10.1.7 Please note that you may lose your legal right to cancel in the following circumstances:
10.1.8 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them.
10.1.9 If the Goods consist of sealed audio or video recordings (e.g., CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them.
10.1.10 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
10.1.11 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this Clause 11.
10.1.12 You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. If we agree to do this, we will charge you the appropriate courier rate which is payable before collection.
10.1.13 You may return Goods to Us in person during Our business hours of 0900 – 1630 hours Monday to Thursday and 0900 – 1400 Friday (closed Saturday, Sunday and Bank Holidays) by post or another suitable delivery service of your choice to Our returns address at 1st Floor, Phoenix House, South Parade, Leeds, LS1 5QX. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
10.1.14 If you are a Consumer, Refunds under this Clause will be issued to you within 14 calendar days of the following:
10.1.14.1 The day on which We receive the Goods back; or
10.1.14.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 9.18); or
10.1.14.3 If We are collecting the Goods, the day on which you inform Us that you wish to cancel the contract; or
10.1.14.4 If We have not yet provided an invoice or order acknowledgement or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
10.2 Refunds under this Clause may be subject to deductions in the following circumstances:
10.2.1 If the returned goods are found to have been handled beyond what is necessary to establish their nature, characteristics, and functioning, the retailer reserves the right to deduct up to 30% of the original purchase price as a diminished value fee. This 30% deduction will be imposed if the goods have been opened or activated.
10.2.2 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause.
10.2.3 If you cancel an order because there is something wrong with the goods like fault, you are entitled to full refund of the delivery charge including premium charges. We recognise that this is not your fault.
10.2.4 Refunds under this Clause will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
10.2.5 Orders for goods manufactured or purchased in accordance with the Customers specifications may not be cancelled without the written authority of the Seller. The Customer undertakes to indemnify the seller for all costs and expenses resulting from a breach of this condition by the Customer.
10.2.6 Non-Refundable Deposit. If a deposit is required as security for the fulfilment of this Order, Customer shall follow execution of this Contract pay to the Seller the Deposit. If Closing does not occur on or before the Cancelling Date, for any reason Seller shall retain the Deposit to cover its costs and expenses in connection with the Order.
11.0 Business Customer
11.1 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Terms, or any document expressly referred to in them.
11.2 If products are not in stock and are ordered by COPTRZ to meet a business customers order, with specific notification of the same by a COPTRZ representative. Then the order cannot be cancelled, and goods need to be paid for in full.
11.3 We only supply a Product for internal use by your business, and you agree not to use a Product for any re-sale purposes.
12.0 Risk And Title
12.1 Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due. The risk in the Goods will pass to you on completion of delivery.
12.2 Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
12.3 As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
13.0 Termination
13.1 We can terminate the sale of Goods under the Contract where:
13.1.1 you commit a material breach of your obligations under these Terms and Conditions.
13.1.2 you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors.
13.1.3 you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.
14.0 Liability
14.1. Limitation of liability
14.2 Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
14.3 Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
14.4 The total liability of Coptrz under or in connection with the Contract shall be limited to the Contract price for any one event or series of connected events.
14.5 If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
14.6 Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
14.7 Coptrz shall not be liable to the Customer (whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise) for:
- any indirect, special or consequential loss, damage, costs, or expenses; and/or
- any loss of profits; loss of anticipated profits; loss of business; loss or corruption of data, information or software; loss of reputation or goodwill; business interruption; or other third-party claims; and/or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
- any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
- any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
- any damage caused by the use of the Product for any purpose other than the purpose originally intended for the Product.
14.8 The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
14.9 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to a Product. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that a Product is suitable for your purposes.
15.0 Communications
15.1 All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
15.2 Notices will be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient.
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated.
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
15.3 All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
16.0 Data Protection
16.1 When providing the Goods to the Customer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
16.2 The parties agree that where such processing of personal data takes place, the Customer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
16.3 For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
16.4 The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
16.5 The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors, or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
16.6 The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Customer. Further information about the Seller’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: services@coptrz.com or privacy@coptrz.com
16.7 Coptrz is committed to providing a quality service and working in an open and accountable way that builds trust and respect. One of the ways in which we can continue to improve our service is by listening and responding to the views of our clients, and by responding positively to complaints, and by putting mistakes right. If you have any concerns, complaints or queries please contact your customer service representative either by phone or email, alternatively you can reach us on services@coptrz.com or 0330 111 7177 and select the customer service option.
17.0 Force Majeure
17.1 Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
18.0 No Waiver
18.1 No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
19.0 Severance
19.1 If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
20.0 Law And Jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.